The Chartwell Chronicles: Employment Law
Managing the Size and Structure of Your Post-Pandemic Workforce
#WorkforceWednesday: OSHA ETS on Hold, Retaliation Claims Increase, "Vaccination Ambassadors" - Employment Law This Week®
In this case submitted to the Supreme Court (“Cour de cassation”), a State health insurance agency dismissed one of its employee for gross misconduct for having sent to some of her colleagues, through her professional email...more
In Goruk v. Greater Barrie Chamber of Commerce, 2021 ONSC 5005, the Ontario Superior Court found that the Chamber of Commerce (COC) was justified in dismissing with cause a 75-year-old, long-term employee with no prior...more
In a recent labour arbitration decision, TELUS v United Steelworkers, Telecommunications Workers Union National Local 1944 (Heywood), Arbitrator Jolliffe, Q.C., upheld the termination of a long-service, unionized employee for...more
In Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice concluded that a long-term employee’s misconduct did not justify dismissal for cause without notice. The court awarded 19 months’ common law...more
Red faces – no gross misconduct when employee revealed executive's pay - The EAT had to consider whether an employee had acted in breach of contract or committed gross misconduct when he revealed details of an executive's...more
In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more
Prior to the advent of social media and especially the #MeToo movement, employers were generally comfortable drawing a bright line between what employees did on their own time and workplace misconduct. ...more
When Chipotle Mexican Grill Inc. fired store manager Jeanette Ortiz, accusing her of stealing $626 in cash from the safe, it could never have expected its minimal theft loss to balloon into a nearly $8 million jury verdict...more
The Wisconsin Supreme Court recently overturned a longstanding line of cases that allowed disabled employees to prevail in discrimination cases without proving the employer intended to discriminate or was even aware that the...more
There’s good news for retailers: you are getting better at preventing shrink from employees. In 2005, a University of Florida study found that employee theft accounted for 47 percent of shrink. In a follow-up study in 2016,...more
The Wisconsin Court of Appeals has affirmed a decision holding that a call center employee with bipolar disorder proved that he was discharged “because of” his disability by establishing he was discharged for misconduct—i.e.,...more